Court Rejects Plaint Citing SARFAESI Act, Finds It Amounts to Miscarriage of Justice
2 months ago

Court Rejects Plaint Citing SARFAESI Act, Finds It Amounts to Miscarriage of Justice

Live Law  

The High Court sets aside the orders of the Commercial Court and the Appellate Court, restoring the plaint in the commercial suit filed by the shareholder against the bank. The court held that the bank's rejection of the plaint citing Section 34 SARFAESI Act amounted to a miscarriage of justice, as the specific pleadings and reliefs sought were sought under the Specific Relief Act.

Mumbai Law Crime Legal Proceedings Specific Relief Act  justice  court  commercial  pleadings  respondent  specific  rejecting  sarfaesi  hc  fraud  miscarriage  high  relief  petitioner  plaint  act

History of this topic

S.34 SARFAESI Act | Civil Court's Jurisdiction Not Ousted When Remedy Cannot Be Effectively Addressed By Tribunal: Madras High Court
1 year, 2 months ago

S.34 SARFAESI Act | Civil Court's Jurisdiction Not Ousted When Remedy Cannot Be Effectively Addressed By Tribunal: Madras High Court

Live Law  

While dismissing an application filed under Section 34 of the SARFAESI Act to reject a plaint on the ground that the court's jurisdiction was ousted, the Madras High Court observed that the civil court's jurisdiction is not ousted when the remedy sought cannot be effectively addressed by the Tribunal. Though the bank had challenged the suit claiming that the court’s …

Challenge To Recovery Notice U/S 13(2) SARFAESI Act Lies Before DRT And Not Civil Court, Unless Plaint Alleges Fraud: Bombay High Court
1 year, 6 months ago

Challenge To Recovery Notice U/S 13(2) SARFAESI Act Lies Before DRT And Not Civil Court, Unless Plaint Alleges Fraud: Bombay High Court

Live Law  

The Bombay High Court recently held that once a secured creditor issues demand notice under section 13 of the SARFAESI Act, 2002, the civil court’s jurisdiction is barred, and any challenge to the notice comes under the domain of the Debts Recovery Tribunal. Justice MS Jawalkar rejected a borrower’s civil suit alleging that the bank violated Guidelines on Fair Practices …

Mere Allegation Of Fraud Without Particulars Not Sufficient To Get Over Bar On Civil Suit Under Section 34 SARFAESI : Supreme Court
3 years ago

Mere Allegation Of Fraud Without Particulars Not Sufficient To Get Over Bar On Civil Suit Under Section 34 SARFAESI : Supreme Court

Live Law  

The Supreme Court observed that bar under Section 34 SARFAESI Act on filing civil suit is attracted if allegations of 'fraud' are made without any particulars.In this case, the High Court had rejected a plaint and dismissed a suit on the ground that the suit is barred in view of the bar under Section 34 of SARFAESI Act. The Supreme …

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